Conservation Commission
Minutes of October 23, 2014
Public Hearings
Mashpee Town Hall
Waquoit Meeting Room
Commissioners: John Fitzsimmons, Ralph Shaw, Brad Sweet, Mark Gurnee, John Rogers, Dale McKay, Robert Anderson, and Louis Dimeo (Associate Member).
Staff Present: Drew McManus (Conservation Agent) and Judy Daigneault (Recording Secretary).
Call Meeting to Order: 5:55 p.m.
The meeting was called to order with a quorum by Chairman John Fitzsimmons at 5:55 p.m.
There was no public comment.
Pre Post Hearing Agenda:
Approval of Minutes: October 9, 2014
Hold until November 13 Meeting.
Briarwood Association Land: Wetland violation update – Consultant Brad Holmes hired to assess violation.
The Agent updated the Commissioners on the Briarwood Association land wetland violation. The Association has hired consultant Brad Holmes, ECR, in order to address the Commission’s concerns. The consultant will be reviewing the site conditions and the history of the property and will report back with an evaluation letter.
Tighe & Bond: Update on grant applications for Quashnet Bog restoration project and fish ladder restoration.
The Agent informed the Commission that the company Tighe and Bond Consulting will assist the Commission in taking advantage of several upcoming grants. A grant application has already been submitted for assessment of the conditions of the fish ladder at John’s Pond. Letters of support have been submitted. The next grant application will be for the Massachusetts Environmental Trust. This grant application will be going towards additional feasibility studies for the upper Quashnet River. The Air Force will be involved in the restoration effort. The Commission is in the process of following up on those restoration issues.
HEARINGS:
6:00 Kenneth and Gloria J. Liatsos, 118 Shore Drive West. Proposed coastal bank stabilization (soft solution) and coastal beach mitigation replenishment. Continued from August 28, 2014 to allow time to submit revised plan. NOI.
Resource Area: Coastal Bank, Coastal Beach, LSCSF, Buffer Zone to Land Under Ocean.
Tara Marden, Woods Hole Group, was representing the applicant and noted the project was continued from several weeks ago. She said there were a couple of things on the drawing plan the Commissioners wanted removed. The references to the filter fabric were removed. Ms. Marden said that Attorney Fogel’s concern was he didn’t think the project met the performance standards. She said the proposal meets the performance standards which is described in the narrative.
The Agent noted the applicants have removed the reference from the filter fabric. If DEP is going to take issues with this they will make it known at that time through their own appeal or through an appeal from the abutters. The Agent didn’t feel mesh metal wiring would impede the movement of sand if the project was to fail. The consultant mentioned it is to keep the project intact. The consultant has submitted a monitoring and maintenance plan. If the Commission chooses to approve the project, they can add to this plan. The Agent spoke about the access as another issue that can be conditioned.
Ms. Marden said that Bayswater has recently submitted a new access agreement which will be for a longer period of time than one year. She was assured if these projects get approved, New Seabury will make sure there is an access and escrow agreement in perpetuity for these clients to do beach nourishment and repairs. She did not have the agreement yet, but will provide it when she receives it. The Agent stated the agreement isn’t forever, but is for a certain time period and the orders can reflect that. Ms. Marden noted there is always the option to access through the property, which would be more expensive. The Agent said another issue is whether this is a structure that will adversely affect the performance standards. All of it is biodegradable except for the mesh wiring which is intended to fail. With a shelf life of 5 years, it will need ongoing maintenance. In order for the Commission to properly assess how this may or may not affect the coastal beach over time, he
suggested requiring beach profiles on an annual basis. If the Commissioners decide to approve the project, there will be something in place that will help to monitor what the coastal beach profile looks like and how it will be affected. The Agent said, in his opinion, it is an approvable project. The proposal can be conditioned to be monitored closely and have profiling as a requirement added into the language to the Order of Conditions. This would allow the Commission to step in if they see this project is adversely affecting the resource area and take measures to remedy that.
Mr. Gurnee expressed his concerns the project is not going to last. He felt it was going to be a difficult maintenance problem and wanted to make sure that it is actually built with a 11/2 to 1 slope. Mr. Gurnee also said he would like to see something growing on the hill. He suggested planting beach grass and watering and fertilizing. Ms. Marden said if this is feasible they will do that. Mr. Gurnee also spoke about the ends of the structure and the wave action.
Public Comment.
Barry Fogel, representing Tidewatch Condominium Association, stated at the last meeting that he requested the Commission to ask Ms. Marden for the DEP emails. He suggested these emails should be part of the record. Mr. Fogel said he was told that DEP has taken the position that wire mesh is not permissible in these projects on properties that are not pre-1978. Mr. Fogel spoke about the fences and he said in his communications with DEP they have not approved that element of the design. He felt the Commission should require removal of the second wall fence and require the profile of the fence above the beach to be lower, rather than 4 feet high. He suggested there needs to be permanent access and stated Tidewatch would ask that the Commission require a permanent access for nourishment and maintenance. He
said he feels this project falls short of DEP standards and this will cause greater erosion of the beach. Tidewatch has beach easement on these properties providing access to the beach so anything that interferes with the beach has an adverse effect on their interests. Mr. Fogel said Tidewatch’s easement follows the shoreline and still runs from the bank 50 feet seaward.
Mr. Sweet suggested including in the Order of Conditions access in perpetuity.
Motion: Mr. Shaw moved to Close and Issue with the Agent to investigate the access issue, seconded by Mr. Sweet. Vote 8-0.
6:03 David and Gladys Pinchin, 124 Shore Drive West. Proposed coastal stabilization (soft solution) and coastal beach mitigation replenishment. Continued from August 28, 2014 to allow time to submit revised plan. NOI.
Resource Area: Coastal Bank, Coastal Beach, LSCSF, Buffer Zone to Land Under Ocean.
The Agent asked if the clients have any issue with the requirement of beach profiling on the three applications. Ms. Marden said she doesn’t anticipate this being an issue.
Barry Fogel, representing Tidewatch Condominium Board of Trustees said he repeats his comments for the record from the previous hearing and carries them over to this one.
Motion: Mr. Shaw moved to close and issue. Seconded by Mr. Sweet. Vote unanimous. 8-0.
6:06 Michael J. and Dawn M. Southwick, 126 Shore Drive West. Proposed coastal stabilization (soft solution) and coastal beach mitigation replenishment. Continued from August 28, 2014 to allow time to submit revised plan. NOI.
Resource Area: Coastal Bank, Coastal Beach, LSCSF, Buffer Zone to Land Under Ocean.
Barry Fogel, representing Tidewatch Condominium Board of Trustees said he repeats his comments for the record from the previous hearing and carries them over to this one.
Motion: Mr. Sweet moved to close and issue in regards to the application of Michael J. and Dawn M. Southwick, 126 Shore Drive West for beach mitigation. Seconded by Mr. Shaw. Vote unanimous. 8-0
6:09 James C. Atkins and John J. Weltman, 80 Punkhorn Point Road. Proposed construction of pool, spa patio, elevated walkway, and osprey platform, as well as enhancement, restoration/expansion of degraded buffer zone and replacement of turf. Continued from August 28, 2014 to allow time to submit revised plan. NOI.
Resource Area: LSCSF, BVW, Buffer Zone to Coastal Bank, Salt Marsh, LUIO.
Michael Talbot, Environmental Consultants, was present to represent the applicants. Mr. Weltman was also present. He explained the proposed work includes installation of a pool and patio, turf and invasive species eradication, and native habitat restoration in the buffer zone to a salt marsh, a coastal bank and in land subject to coastal storm flowage. He said most of this project falls under the jurisdiction of the Natural Heritage and Endangered species program. This project has already been submitted to Natural Heritage who ruled that this project will not result in a prohibited take. The application has also been filed with DEP. Mr. Talbot reviewed the plan with the Commissioners and highlighted the coastal banks. He said there is an existing landing and permanent dock with a walking path, but
the applicant would prefer to have an elevated walking path. It would prevent erosion. The proposed osprey platform is the only part of the project that would be in land under water. The applicants would also like to put in a pool and patio. The pool is outside of the buffer to salt marsh. Required mitigation for the coastal bank would be 2,735 square feet but the proposal calls for over 4,500 square feet. This includes removal of 20 feet of turf as well as significant improvements to the coastal bank with revegetation. A row of red cedars will be installed with its own irrigation. Mr. Talbot reviewed the mitigation plan and stated the project meets the performance standards.
The Agent reiterated they will be seeking a waiver of the requirements. The waiver request would allow for encroachment towards resource areas over areas of pre-disturbed conditions, which, in this case is existing turf. The Agent explained the requirements are a demonstration of compelling need. The proposal of a pool and patio is not any demonstration for compelling need; however, there is demonstration of the lack of any value of this area in terms of wildlife habitat or storm water prevention. The secondary coastal bank may be a man-made slope so the real setback is to the natural coastal bank as well as the salt marsh. The Agent said the mitigation plan looks good and reiterated that the letter from Natural Heritage has already deemed it will not result in a prohibitive taking. The walkover structure
consists of a composite deck grading which would help improve the condition. The Agent showed pictures of the landscape of the property. He said the mitigation is in excess of what is normally required. He would recommend a close and issue. The Commissioners reviewed the plan to determine the location of the pool. It was also determined no trees will be taken down. Mr. Gurnee suggested putting in a Condition in the Order that, if the osprey nest falls down, the owner is responsible for removing it.
No Comment from the public.
Motion: Mr. Shaw moved to close and issue, seconded by Mr. Sweet. Vote unanimous.
6:12 National Grid (Applicant) 74 Ninigret Avenue. Proposed extension of gas main to provide gas service to property. Owner of record: Charlotte M Hillery. RDA.
Resource Area: Isolated Land Subject to Flooding.
Brad Malo was representing the National Grid and explained the proposed work is for gas main extension and service connection to #74 Ninigret Avenue. He said all work for the proposed gas main will be along the road shoulder or within paved roadway. The gas service is to be installed from the new gas main to the dwelling and will be within 3 feet on both sides of the proposed main and service. Any excavated areas are to be backfilled on the same day. The completion time would be one or two days and the work soils would be placed on the paved area and easily restored back into the trench.
The Agent pointed out the site on the photos and said the road is crowned so he didn’t see any issue of runoff given the completion timeline. He recommended a negative determination.
No comment from the public.
Motion: Mr. Sweet moved for a negative determination, seconded by Mr. Shaw. Vote unanimous. 8-0.
6:15 Theodore C. Eli and Maureen E. Creedon, 14 Pem Lane. Proposed construction of two stone patios. Applicant requests continuance to November 13, 2014 @6:24 p.m. RDA.
Motion: Mr. Sweet moved to continue the hearing at the applicants request to November 13 at 6:24 p.m., seconded by Mr. Shaw. Vote unanimous.
6:18 Bays water Seaside II LLC, 66 Coastline Drive. Proposed construction of single family dwelling, swimming pool and landscaping. Applicant requests continuance to November 13, 2014 @ 6:18 p.m. NOI.
Motion: Mr. Shaw moved to continue the hearing at the applicants request to November 13 at 6:18 p.m., seconded by Mr. Sweet. Vote unanimous 8-0.
6:21 Susan K. Sylligardos (Applicant), 184 Fells Pond Road. Proposed tree removal establishment of a vista corridor, screen porch addition, replacement/maintenance of railroad tie steps and construction of gangway, ramp and float. Owner of record. James J. and Jeanne Sylligardos. NOI.
Resource Area: Coastal Bank, LLW, Buffer Zone to Coastal Bank.
Mr. Chang was representing the applicants and clarified the application should reflect James and Jeanne Sylligardos. He described the work consists of an addition to an existing single family residence with a screen porch to be added; removal of trees that pose a safety concern to the residence; the establishment of a single view corridor; and maintenance of existing railroad tie steps from the edge of the bank to water. Each timber will be removed and replaced by hand to minimize any adverse impacts upon the bank and the construction of a float on Fells Pond. The harbormaster commented that neither concrete anchor nor Styrofoam can be used.
The Agent showed photos to illustrate the project. He noted the two rotted trees in close proximity to the house. The owners met with Davey Tree Service to look at the trees which are diseased and weakened. The Agent said he would be making some suggestions on the plantings. Vista pruning will follow all vista pruning regulations. This and the other cutting protocols were explained, which will all be part of the Order. The Agent will meet with the property owner and engineer/contractor doing the work for the first two years. After that the perpetuity clause starts, which requires notification to the Conservation Commission as to when the pruning will take place. Upon receiving notice that work will begin, the Agent will conduct an inspection. The steps and dock are in a state of disrepair and
the proposal would be an improvement. He reiterated the Harbormaster’s comments regarding the float. He noted if the float is to be stored it needs to be stored upland and not on any portion of the vegetated bank. No Natural Heritage jurisdiction in this area.
Motion: Mr. Shaw moved to Close and Issue, seconded by Mr. Sweet. Vote unanimous 8-0.
6:24 James Kfoury, et al Trustees, 37 Seconsett Point Road. Proposed additions of a foyer and deck onto existing dwelling. Continued from October 9, 2014. RDA.
Resource Area: ACEC, Land Subject to Coastal Storm Flowage, Border.
Barbara Matthew was representing the applicants and explained the project is to build a deck onto the rear of the house and remove the front door landing and replace it with a foyer. A portion of the deck is in the 50-foot setback restriction and the proposal calls for installation of approximately 30 feet of native beach grass as mitigation. The Agent explained this is the same property they approved for a complete teardown and rebuild with a deck similar to the one being proposed. That project was closed and issued but that project is not going to take place. He reviewed the areas where the foyer and deck will be located. The Agent noted the existing turf going to the top of the coastal bank, which is armored, leading to Waquoit Bay, an ACEC area. He referenced the photo where the grass is being
proposed. The Agent stated there will be no adverse effect to the coastal bank and recommended a negative determination.
No Public Comment.
Motion: Mr. Sweet moved a negative determination, seconded by Mr. Shaw. Vote unanimous 8-0.
6:27 Gooseberry Island Trust and SN Trust, 0 Gooseberry Island and 0 Punkhorn Point Road. Proposed construction of a bridge and driveway to provide vehicle access to Gooseberry Island from property located at end of Punkhorn Point Road. Agent to update Commission on status of hiring outside consultant per Massachusetts General Laws, Chapter 44, Section 53G. Commission will not deliberate or discuss merits of proposal. Applicant requests continuance to November 13, 2014 @ 6:27 p.m. NOI.
The Agent updated the Commissioners on pursuing an outside consultant and stated he sent out an email on what the Commission wants the consultant to address: status of water dependency, impact on land containing shellfish, land under an aquacultural grant application, land subject to coastal storm flow, impact to salt marsh bordered and vegetated wetland, conduct a site visit to verify delineations, a thorough review of the application to make a determination of whether it is complete. This is, basically, all issues outside of land ownership. The Agent said he sent the RFP to three applicants who all have significant experience in peer review and consulting services to Conservation Commissions. He felt he should have all the information by November 13, after which, the Commission could select a particular consultant. The applicant would then be advised of the consultant’s fee and receive a timeline to review the consultant’s findings.
Bylaw amendment request: 172-12 Burden of Proof – strike all wording relating to $2500 cap on consulting services (for May 2015 Town Meeting Warrant).
The Agent noted there is a $2500 cap on consulting services under the bylaw and recommended the Commissioners strike all wording in the bylaw that references the cap for the May 2015 town meeting. The Agent suggested the Commissioners review any other bylaws that may need changing. He explained the bylaws need to go to town meeting but the regulations can be changed at an advertised Conservation Commission meeting.
Nitrogen Control Bylaw update: For October Town Meeting
The Agent noted the nitrogen control bylaw passed at town meeting.
Jack Fitzsimmons retirement: New Chairman discussion.
Jack stated that he is retiring on January 25 and will be 85 on that date. The said there needs to be some discussion of who is willing to take Jack’s place as Chairman upon his retirement.
The Agent announced the Falmouth Rod and Gun club is one of the partners desiring to do some improvements to the cranberry bogs. They are looking to do some habitat restoration and they are having a meeting tomorrow. Dale McKay volunteered to attend the meeting represent the Commission.
Motion: Mr. Sweet moved to adjourn the meeting, seconded by Mr. Shaw. Vote unanimous 8-0. Meeting adjourned at 8:55 p.m.
Respectfully submitted,
Judy Daigneault
Recording Secretary
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